Probate & Inheritance

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Becket Chambers deals with all aspects of Probate and Inheritance and the Court of Protection, including appearing on behalf of Claimants/Applicants, Defendants/Respondents or third parties.

Our Barristers deal with both contentious and non-contentious probate claims, applications to the court to deal with personal representatives and the administration of estates and applications under the 1975 Act for financial provision. We advise and represent estates as well as beneficiaries or interested parties.
Members have experience of:

  • Cases of undue influence and fraud
  • Claims for removal of Executors and Trustees, and for breach of their duties
  • Claims under the Inheritance (Provision for Family and Dependants) Act 1975
  • Challenges to construction of Wills and Trusts
  • Constructive trusts and proprietary estoppel
  • Disputes over the validity of Wills
  • Issues of testamentary capacity

Members of Chambers also have experience in dealing with Court of Protection cases. The Court has jurisdiction in matters relating to the property, affairs and personal welfare of persons who lack capacity within the meaning of the Mental Capacity Act 2005.

We also have specialist experience in cases involving applications for declarations and orders in respect of vulnerable persons and disputes in relation to attorneys, as well as Barristers with special interest in claims to set aside Wills for undue influence and lack of testamentary capacity.

Case Studies

Supporting a Mother through family psychological assessment

John’s client, the Claimant, was in the process of negotiating a matrimonial finance settlement with her ex-husband, when the ex-husband died. This meant a complete change of applicable law, going from the Family Procedure Rules to the Civil Procedure Rules. The client was unsure whether or not she could/should issue proceedings in court, and if Continue reading

Advising on a breach of mediation agreement

Dean was instructed to advise a claimant in a dispute originally concluded by way of a mediation agreement in 2010. The agreement provided for one of the properties of an estate to be sold forthwith, until which time his client would reside in one of the other estate properties. Following the sale the client would Continue reading

Defending a claim for breach of contract and negligence

John acted for a Defendant business in a claim for breach of contract and negligence following the death of the proprietor, in which the Claimant sought to claim against the business, which was the estate of the deceased. The Claimant, the spouse of the deceased, sought to argue that amounts of money had been left Continue reading

Making a claim on an estate

John was asked to advise the proposed Claimant in a potential claim against the proposed Defendants regarding the estate of the deceased. The deceased held a property portfolio with a value of £2m and the proposed Defendant ex-spouse of the deceased sought to administer the entire estate, having historically dealt with much of the administration Continue reading

Probate & Inheritance Articles

Beddoe Applications

A Beddoe application is a type of application to the court, made by trustees, for directions. The trustees ask for permission from the court to litigate (or continue to litigate) against someone not a party to the proceedings. There is a main application, which is the substantive case itself, and the Beddoe application. Common Beddoe Continue reading

PROBATE: Solicitor? Barrister? Both?

SOME areas of law allow the lawyer in question to deal with something nice. For example setting up a new business, buying a house, or receiving an inheritance from an unknown relative who left a handsome sum to a client. That last example would fall under probate law. Lots of probate however is less pleasant. Continue reading

Probate & Inheritance Testimonials

“John has a detailed knowledge and practical approach to claims brought under the Inheritance Act and advised in a matter from pre-proceedings onwards.

In conference with the client John has a compassionate manner providing much needed reassurance and confidence in action being taken

Highly recommended”

 

Mr D from Solicitors Instructing John Nee – November 17

“…I would like to sincerely thank you and Mr Nee… We really appreciated Mr Nee’s advice and guidance in helping reach a possible settlement…”

Ms C instructing John Nee through Solicitors – November 16

“….Just wanted to say thankyou for all of the work that you put into the case, it’s very much appreciated thankyou again….”

Mr T instructing Clive Styles through the DPA scheme – July 15